PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 09-02123
Indictment No. 2008-0866

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JESSIE J. BARNES, DEFENDANT-APPELLANT.

Appellant having moved for assignment of counsel on the appeal taken from a judgment of the Monroe County Court, rendered August 31, 2009, and for other relief,

Now, upon reading and filing the affidavit of Jessie Barnes sworn to April 5, 2012, the notice of motion with proof of service thereof, the statement of Leslie E. Swift, Esq. dated April 16, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

Jeffrey Wicks, Esq.

36 West Main Street, Suite 101

Rochester, NY 14614

is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that said record and briefs are to be filed and served on or before September 19, 2012, and

It is further ORDERED that the Clerk of Monroe County is hereby directed to provide Jeffrey Wicks, Esq. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the motion is otherwise denied.

Entered: May 24, 2012

Frances E. Cafarell, Clerk